Ohio Administrative Code
Title 5101:12 - Child Support
Chapter 5101:12-80 - CSPC System
Section 5101:12-80-09 - Unreimbursed assistance
Universal Citation: OH Admin Code 5101:12-80-09
Current through all regulations passed and filed through September 16, 2024
(A) The unreimbursed assistance (URA) is the total amount of assistance paid to the family that has not been reimbursed from child support and spousal support collections retained by the Ohio department of job and family services pursuant to the assignment of support. This rule describes when assistance paid to the family is to be included in the URA.
(B) Definitions.
(1) The following definitions apply to all
rules in division 5101:12 of the Administrative Code.
(a) "Assistance" and "assistance paid to the
family" have the same meaning as in action transmittal 99-10 (9/15/1999), which
can be located on the federal office of child support enforcement's
website.
(b) "Unreimbursed
assistance" means the cumulative amount of assistance paid to the family that
has not been repaid by retained assigned support collections.
(2) The following definitions
apply to this rule:
(a) "Caretaker" means
an adult or minor head of household with whom a child
who receives Ohio works first (OWF) or medicaid resides but is not the parent
of the minor child.
(b) "Family" means a unit of people who
receive OWF benefits together. A "family" is either a parent/child
family or caretaker/child family, as described in paragraph (C) of this
rule.
(c) "Minor child" means, in
accordance with section
5107.02 of the Revised Code:
(i) An individual who has not attained the
age of eighteen; or
(ii) An
individual who has not attained the age of nineteen and is a full-time student
in a secondary school or in the equivalent level of vocational or technical
training.
(C) OWF URA.
(1) A minor child who resides with a parent
and receives OWF benefits is considered a parent/child family, for OWF URA
purposes. Any OWF paid to that parent/child family is added to that
parent/child family's OWF URA. The parent/child family can also include any of
the following:
(a) The parent or parents of
the minor child, when the parent or parents receive OWF benefits with that
parent/child family.
(b) A sibling,
step-sibling, or half-sibling of the minor child, when the sibling receives OWF
benefits with that parent/child family.
(c) A minor child of any of the minor
children of the family, when that minor child receives OWF benefits with that
parent/child family.
(d) A minor
child who is temporarily absent from the parent's home, when that minor child
continues to receive OWF benefits with that parent/child family.
(2) A minor child who resides with
a caretaker and receives OWF benefits is considered a caretaker/child family,
for OWF URA purposes. Any OWF paid to that caretaker/child family is added to
that caretaker/child family's OWF URA. The caretaker/child family can also
include any of the following:
(a) The
caretaker of the minor child, when the caretaker receives OWF benefits with
that caretaker/child family.
(b) A
sibling of the minor child who resides with the family, when the sibling
receives OWF benefits with that caretaker/child family.
(c) A minor child of any of the minor
children of the family who resides with the family, when that minor child
receives OWF benefits with that caretaker/child family.
(3) When any member of the family no longer
receives OWF benefits with that family, then that member is no longer included
in that family's OWF URA. When that member receives OWF benefits with or as a
new family, any OWF paid to the new family is added the new family's OWF URA.
Any OWF paid to the original family is not added to the new family's OWF
URA.
(D) Title IV-E foster care maintenance (FCM) URA.
(1) When a
minor child receives FCM benefits, any FCM paid for that minor child is added
to that minor child's FCM URA.
(2)
When that child had received OWF benefits with a family before receiving FCM
benefits, then the OWF paid to that family is not added to the child's FCM URA.
When a child had received FCM benefits before receiving OWF benefits with a
family, any FCM benefits paid to the child is not added to the family's OWF
URA.
(E) The total amount of URA paid to the family that may be recovered through the IV-D program is limited by the total amount of the assigned support obligation.
Five Year Review (FYR) Dates:
11/30/2018 and
11/30/2023
Promulgated
Under: 119.03
Statutory
Authority: 3125.25
Rule
Amplifies: 3125.03,
5107.20
Prior
Effective Dates: 12/01/2008,
01/15/2014
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
